(1) The following persons are eligible under this section for a refund of monetary payments actually paid: (a) A defendant whose court-ordered fines, fees, costs, surcharges, restitution, interest, or other monetary amounts resulting from a criminal conviction in a district or county court of this state have been paid if the amount paid relates solely to a conviction: (I) That is vacated after postconviction proceedings or is overturned on appeal; and(II) The charge on which the conviction was based is dismissed or the person is acquitted of the charge after a new trial;(b) A defendant whose court-ordered restitution and interest resulting from a criminal conviction in a district or county court of this state have been paid and: (I) The restitution ordered by the court is reversed on appeal; or(II) The amount of restitution ordered by the court is reversed on appeal and the restitution, including interest, that has been paid is in excess of the amount upheld on appeal.(2)(a) A defendant may file a written motion in the court in which the conviction was entered for a refund of any monetary amounts described in subsection (1) of this section within one year after the defendant fendant may file a written motion in the court in which the conviction was entered for a refund of any monetary amounts described in subsection (1) of this section within one year after the defendant becomes eligible for the refund. The court may only extend the one-year time limit for good cause.(b) The defendant bears the burden of proving by a preponderance of the evidence that the amount was actually paid and that the defendant is eligible for a refund pursuant to subsection (1) of this section. If the court finds that the defendant has established eligibility for a refund, the court shall issue an order directing the state court administrator to issue a refund for the total monetary amount found to be due.(3) Nothing in this section requires a victim to repay restitution received as a result of a criminal conviction.Added by 2017 Ch. 70,§ 1, eff. 9/1/2017.L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 219, § 1, effective September 1.Section 3 of chapter 70 (HB 17-1071), Session Laws of Colorado 2017, provides that the act adding this section applies to convictions vacated and restitution orders reversed on or after September 1, 2017.
Colorado Legal Code